Sick And Bereavement Leave Under The ESA

At Belsito Law, we represent employees and employers in disputes related to sick leave.

The law in this area can be confusing, and your rights often depend on the individual facts of your case. We will answer your questions, get to know your situation and make sure you understand your rights and options as an employer or employee.

If you have been denied leave, have suffered negative consequences at work or been terminated for taking leave, we want to help you determine the best course of action.

If you are dealing with a wrongful dismissal suit or other dispute involving leave for your employees, our lawyers can help you understand your rights and obligations in order to protect yourself and your business.

Knowing Your Rights As An Employee Or Employer

For many of our clients, negotiation is the most cost-effective and efficient method of dealing with the problem. If you prefer to go to trial, we will give you a realistic appraisal of your situation, including an understanding of how your case relates to current employment legislation (such as Ontario’s Employment Standards Act, or ESA) and how cases like yours are usually resolved.

ESA policy often determines outcomes in these conflicts. The ESA states that:

  • Employees are allowed a certain amount of leave time for a variety of reasons, including illness, accident, loss, caring for an ill child or other family member, and other emergencies.
  • Employees are protected against retaliation such as being fired or having their work substantially changed as a result of taking leave.
  • Not all employees are eligible for all kinds of leave.
  • Employers have the right to ask for proof before granting leave in many situations. This may include asking for proof for illnesses or other emergencies.

Most employment cases are settled through negotiation. Our lawyers have more than four decades of experience helping employers and employees find creative solutions to their differences. We will also use our experience when litigating on your behalf and will represent you in Superior Court or the Employment Standards Tribunal.

Contact Belsito Law

Call us at 905-762-1511 for advice and representation regarding sick leave, bereavement leave and related disputes. You can also
fill out our online form.